Sanctions of $272K upheld

Goodwill Damages Out in Conspiracy Case

By Deborah Elkins
Published: June 13, 2012
Tags: Justice Donald W. Lemons, Supreme Court of Virginia, Tort

The Virginia Supreme Court reverses an award of goodwill damages to a government contractor, Perot Systems, against a competitor, 21st Century Systems, and two former Perot employees hired by 21CSI, because Perot’s goodwill expert did not show the departing employees had goodwill value and that Perot’s actual sale price several months later was affected by [...]

‘Civil death penalty’ is OK by high court

By Peter Vieth
Published: June 12, 2012
Tags: Judge Margaret P. Spencer, Justice Cleo E. Powell, Justice Donald W. Lemons, Supreme Court of Virginia News

A trial court can impose a “civil death penalty” for discovery abuse, but taking away the right to cross-examine witnesses on damages was “too harsh,” the Supreme Court of Virginia has ruled. The ruling in Nolte v. MT Technology Enterprises LLC (VLW 012-6-103), gives the defendants another chance to defend damages claims in a case [...]

‘Turner’ case on lawyer testimony is remanded

By Paul Fletcher and Peter Vieth
Published: June 8, 2012
Tags: Criminal, Judge C. Peter Tench, Justice Donald W. Lemons, Justice William C. Mims, Newport News Circuit Court, Supreme Court of Virginia News

A closely watched case about a lawyer who testified against his ex-client has been remanded – but not on the grounds that observers were expecting. In Turner v. Commonwealth (VLW 012-6-089), the high court said that a trial judge in Newport News failed to use the right test to determine whether a witness was “unavailable” [...]

New zoning cases ‘reconcilable,’ land use lawyer says

By Virginia Lawyers Weekly
Published: May 7, 2012
Tags: Judge Mary Grace O'Brien, Justice Cleo E. Powell, Justice Cynthia D. Kinser, Justice Donald W. Lemons, Justice Elizabeth A. McClanahan, Justice S. Bernard Goodwyn, Justice William C. Mims, Prince William County Circuit Court, Supreme Court of Virginia News, Zoning

The Supreme Court of Virginia’s recent resolution of a zoning case by unpublished order has caused confusion both on the high court and among observers, where none is warranted. In its unpublished order in Town of Occoquan v. Elm Street Development, Inc. (VLW 012-6-062), the high court upheld a decision in favor of a developer [...]

Suit Refiled Before Nonsuit Still Timely

By Deborah Elkins
Published: May 1, 2012
Tags: Civil Procedure, Justice Donald W. Lemons, Supreme Court of Virginia

Although no nonsuit order had been entered in plaintiffs’ first p.i. action for damages from an auto accident when plaintiffs filed their second action, the delay in entering the nonsuit order did not mean plaintiffs missed the deadline for refiling after a nonsuit, and the Supreme Court of Virginia reverses the trial court order dismissing [...]

Suit for Body Cavity Search is Untimely

By Deborah Elkins
Published: March 7, 2012
Tags: Civil Rights, Justice Donald W. Lemons, Supreme Court of Virginia

A woman detained at a regional jail after her arrest on suspicion of possession of narcotics was “confined” within the meaning of Va. Code § 8.01-243.2, which governs full body cavity searches related to conditions of confinement, and the Virginia Supreme Court upholds the special plea of the statute of limitations filed by defendant correctional [...]

Title Insurer Can Sue on CRESPA Bond

By Deborah Elkins
Published: March 7, 2012
Tags: Justice Donald W. Lemons, Real Estate, Supreme Court of Virginia

Virginia’s CRESPA statute does not create a private cause of action that may be asserted against a surety, and the surety bond issued pursuant to Va. Code § 6.1-2.21(D)(3), by a party other than the State Corporation Commission, the Virginia Supreme Court says in answer to a question certified by the 4th U.S. Circuit Court [...]

No Nonpecuniary Damages for Sailor’s Widow

By Deborah Elkins
Published: March 7, 2012
Tags: Admiralty, Justice Donald W. Lemons, Supreme Court of Virginia

In this suit against John Crane Inc. by the widow of a Navy sailor who died of mesothelioma after exposure to asbestos while working as a ship fitter, the widow may not collect nonpecuniary damages of $2 million for the sailor’s pain and suffering and $1.15 million for her loss of his society; but the [...]

Senate holds judicial interviews

By Deborah Elkins
Published: January 23, 2012
Tags: General Assembly, Judge Michael S. Irvine, Judge Norman A. Thomas, Judgeships, Justice Donald W. Lemons

There was nary a whisper about Hernandez at Friday’s judicial interviews conducted by the Senate Courts of Justice Committee. Even though committee control switched this year from Democrats to Republicans, the Senate followed the same practice as last year’s courts committee and declined to question sitting judges about whether they deferred dispositions in criminal cases [...]